Are you a new driver wondering how long your probationary period will last? Well, let me fill you in on all the important details. The probationary license may not technically exist, but the probationary period certainly does. Buckle up and let’s dive right into it!
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What is a Probationary License and the Probationary Period?
To put it simply, a probationary license doesn’t actually exist. However, once you pass your road test or have your driving privileges reinstated after a suspension, you will enter a six-month probationary period in New York. During this time, it’s crucial to be on your best behavior behind the wheel. Keep in mind that any convictions during this period carry more weight than usual.
What Kind of Violation Will Result in Suspension?
Now, let’s talk about what could potentially lead to a suspension. Brace yourself, because the list is quite comprehensive:
- Any two moving violations, regardless of their severity or whether they’re from the same or different traffic stops.
- Any speeding violation, including going just 1mph over the speed limit. This includes school zone and work zone speeding violations.
- Any ticket related to cell phone use while driving.
- Tailgating (also known as Following Too Closely).
- Reckless Driving.
- Driving While Intoxicated (DWI), Driving Under the Influence (DUI), or Driving While Ability Impaired (DWAI).
How Long is the Suspension?
Suspensions can vary in length. The minimum suspension period is 60 days, while cell phone violations result in a 120-day suspension. DUI and DWAI convictions lead to a 90-day suspension, while DWI results in a six-month revocation. After the suspension expires, you’ll be placed on another six-month probationary period. Keep in mind that any subsequent suspension will last at least six months. Driving with a suspended license is a criminal offense, which can result in a criminal record and even jail time.
What Date Matters, The Date of Violation or Date of Conviction?
It’s essential to understand that the date of violation takes precedence over the date of conviction. This means that even if you receive a ticket during your probationary period and the conviction occurs years later, when you’re no longer on probation, you can still face a suspension.
Can a Judge “Waive” the Suspension?
Unfortunately, a judge does not have the power to waive a suspension. The Department of Motor Vehicles in Albany is responsible for issuing the suspension, and there’s nobody in the court or DMV who can help you avoid it. The only way to escape the suspension is by vacating the guilty plea or appealing the conviction.
Is it Possible to Avoid a Suspension?
Yes, it is possible to avoid a suspension if you received a traffic ticket while on probation. The key is to involve an experienced traffic attorney who can fight on your behalf. A skilled traffic lawyer will employ various strategies to maximize your chances of avoiding a suspension. The approach will depend on the specific charge and the court where your case is being heard.
Benjamin Goldman Law Office
If you find yourself in a pickle and aren’t sure how to navigate through your probationary period or potential suspensions, look no further than the Benjamin Goldman Law Office. Their team of attorneys has successfully helped many motorists avoid suspensions. You can consult with them free of charge to discuss your ticket, determine if you are still on probation, and understand the likelihood of suspension. Feel free to reach out to them at your convenience.
So there you have it! Now you’re equipped with an understanding of how long the probationary period lasts for new drivers. Remember to drive responsibly and stay within the bounds of the law. Safe travels!
